HomeMy WebLinkAboutCity Council - 04/22/1969 - Village Meeting t FIXZ1 PRAIRIE CC.dCIL
Tuesday, April 22, 1969 7:30 P.M. Village Hall
The meeting was called to order by illayor Osterholt. The invocation was
given by David Osterholt. The audience and Council joined him in the
Pledge of Allegiance.
PRESIIJT ;dLRI : Mayor Osterholt; Councilmen Haugen, Redpath, and Shultz.
Keitli Simons, Attorney and George C. Hite, Village l7anager.
I. '',MJLnT!,S OF APRIL 2, 1969
11 iP minutes of April uvere approved on motion by Warren Shultz and
second by Rolf iiaugen. All voted aye. Motion carried.
II. PUBLIC l2;iV?ITIG
?1. Propose zoning ordinance.
Mayor Osterholt t announced that Councilman Ralph Nesbitt had requesteu
ttrat the scheduled public hearing on the proposed zoning ordinance be
continued until May 13, 1969 because his being hospitalized. e1r. Redpath
roved that Cae hearing be continued until Inlay 13, 1969 at 7:30 P.M.
Air. Shultz seconded.
I . Rolf iiaugen presented and read his written ccnT rentary on the section
of the proposed ordinance dealing with the ndnimtrn lot size in the
residential distrycts. The ccumentary entitled, "The Question of Lot
Size", Gras distributed to all present. Mr. Redpatli's notion for
oonti.nuation of the hearing until May 13, 1969 was unanimously approved.
III. PiTl'I`eIWS, R=BU.lIS AND C 014,U liCATIONS
A. human Idc} is Carmission. Request For Council Support of Pending
Legislation.
:Mayor Osterholt, at the request of the Eden Prairie Human Rights Cc mi.ssiorr, {
presented a summary of proposed Human Rights Legislation being considered 3
by the l bzu-iesota house and Senate. The bill under consideration is Senate
File 41223. The Mayor announced trrat the Human Rights C im-ission had
asked the Council to review the sumery and to consider taking a position
on the proposed Dill at their next meeting.
13. American Legion Post #409. est For Club Li. or License.
Mr. I ate presentedan letter addressed to a Village un 1 and
signed by i-Ir. lienry J. Each, C:c mnander of American Legion Post #409,
r�xstinig that the Village Council issue a club liquor license to the Post.
i;eith Simons, Acting Village Attorney reviewed. the State laws relative to
the issuance of licenses of this type and recommended no action be taken on
the request until such time as the Village Council had adopted an Ordinance
governinq liquor licensing in the Village. 14r. Jim Brown, member of Post i
#409, then presented a copy of the original charter of Post #409, dated 3
January 1920, as well as plans for the proposed enlargement of the club ¢
building. IIe noted that the club was located on approximately 1 and 1/2
acres of land vhr.ich he said the Legion felt would be adequate to acccmrcdate
t1-Y2 expanded facility. lie reported that the Legion was ready to proceed with i {
it's plans as soon as it could arrange suitable financing. The Council
April 22, 1969
Council _'•Iinutes
Page t .?o
directed the -',janager to contact other issuing club licenses
to determine tieir experiences with club licensees and to obtain ordinance
provisions regulating them. '11ye request was continued to the meeting of
i•av l3th.
C. ;1. Gordon Smith Oil Co. Request For Building Permit Under Ordinance 132.
14wjuest of the tv. Gordon Stith nil Co. for a building permit to erect a
3600 square foot warehouse facility on the west side of T.H. 169 north of
the oil tank area was presented by 11r. Burt Sutton. lie indicated that
they propose to oonstruct a steel Luilding on the property amid would be
warehousing autcnotive supplies and products. 1Ar. Nits noted that the
present zoning of the property is RC which did not permit warehousing and
that Ordinance 4132 prohibited the building inspector fr+cnt issuing a '
building permit other than for residential purposes until such time as the
new zoning ordinance was adopted. He reccrmended that the request be v
continued until such time as the new zoning ordinance was availa.. e.
Mr. Aadpatn moved that the penni_t request of the W. Gordon Sr_tith Oil Co.
be continued until IMay 13. I,9r. Shultz seconded. All voted aye. Motion
carried.
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B. Creighton 2 any. 2�4st For Preservation of Industrial :coning
in Area Tort o .11. 5 and eviest of Mlroad. — �
i`Ir. tizte presenUM a letter addressed to the Council from Mr. William
i,IcCubrey requesting the Council to maintain the irdust:,rial zoning along
the north side of T.H. #5, west of t.Im: Chicago Northwestern Railroad.
A portion of the property is presently zoned 14-2 although thA Comprehensive
Guide Plan suggests residential zoning in that area. Mr. NIcClabrey's
letter was accepted and will be given additional ccnsideratIon at the tine
the zoning classification of prcperti.es appears before the Council.
E. Federal Aviation Administration. Request For Approval of Markers on
NSP 1~ransrtn ssion Lines.
A letter dated 2kpril 11, 1969 addressed to the Villag i, anager and signed
by 11r. L.C. :,,yorse, Jr. , Chief of the Air Traffic Branch of the Federal
Aviation Ac7rAnistration was presented to the Council. 'l'he letter asked
the Council to approve the installation of t1e visibility markers on the
recently installed LNort fern States Power 345 KV high line east of Flying-
Cloud Field. `, ie line is located adjacent to acnw card Hills Ro&l. Mr. Hite
noted that the letter indicated that the towers slid not conflict with FAA
air space regulations. The request from FAA was based upon ccnplaints
tI iey had received from pilots using Flying Cloud Field. lie also noted
tJ iat at b ie berme the NSP towers were under consideration, FAA and the
etropol it an Airports C c r:dssion had been requested to review the proposal. u
it that time they indicated the teasers did not eonsitut:ae a nienace to air
traffic. 11r. R 43ath rrroveu that the Village 1,%nager be directed to write
a letter to FAA stating the Village Council's objection to the proposed
visibility markers noting particularly that the FM and NBC had previously
approved tmw er installations and had not required that they be marked.
Mr. haugen seconded. All voted aye. Motion carried.
IVril 22, 1969
Council ii.nutes
Page tixee
IV. 1' S 1U- T1A I(Y 1S :.1) R�Rrs
A. lio to vs Village of Eden Prairie. est For Notice Waiver.
i-ir. Keith Sinuns, Acting Vil e Attorney, reporters that Mr. Per iX is
in contact idti tie attorneys for boti the Village's insurance carrier
and tiie tlolte's. Mr. Simons reccr vended that the Council defer to the
desire of tive attorney representing the Village's insurance carrier on
t-L i.s natter. `flue. riatter was tabled.
B. Lx and of Review 1,1eetin Date - June 24, 4 P.1.1.
1r. Redpath ubved that toe Village's o Review ruing be held on
June 24ti, 1969 at 4:00 P.A. in the Eden Prairie Village Hall. Per.
haugen seconded. Alil voted aye. 'Sotion carried.
C. Southwest Sanitary Sewer District - Proposal For Accelerating
Construction Program.
:Messrs. Hite S Zultz as Wen Prairie representatives on the Southwest
Sanitary Sewer District Hoard reported on the proposal currently before
the Board which would accelerate the District's construction program.
They indicated that those proposing the acceleration had justified- it on
the basis that the passage of the proposed Metropolitan Sewer Bill would
encur&-er the ability of the Southwest District to award contracts. Mr.
Hite further reported that he had discussed this possibility with the
author of the Metropolitan Bill, Senator Ashbach and with the staff of .
the 1-1etrr4:)olitan Council and that both had positvely staged that the
t passage of the Metro Sewer Sill would have little, if any, effect on the
ability of the Southwest District to proceed with its construction or
contract awards schedule. Mr. Hite further noted that no evidence had
to date been presented to tive Board relative to the financial and engineering
feasibility of the accelerated program. For these reasons he reoomnended
that Eden Prairie formally object to the accelerated program. Mr. Shultz
noted that Eden Prairie was fully Prepared to proceed with the development
program prepared and approved at the time the SSSD was established, but
there seerced to be little justification for the accelerated program now
being proposed. Mr. rtedpatli novel that the Village Council advise the
Southwest Sanitary Sewer District Board that it fully supports the position
of objection taken by the Eden Prairie Board representatives. Mr. Shultz
seconded. All voted aye. Dk:)tion carried.
D. i22islaticn. Determination of Village Position.
1. Folic LXp,!p ees Actions Act.
Ivir. i ii~te reported that the PMlic Eviployees Labor Relations Act has been
substantially amended since the last Village Council meeting and recamvmaed a
that a summary of the revised bill be prepared and sent to the Council for
their consideration. He briefly stated the contents of the revised bill
aril reecxamended that the Council seriously consider giving it its
favorable support.
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2. i-iigln_a�a�Consent.
The Council revzewea the proposed Highway Consent. Legislation and indicated
its general support for the bill except for those sections establishing s
file Adjustment Panel which the Council felt should be composed of
April 22, 1969
Council i Zi.nL'tes
Page four
IL
representatives selected by the Highway Department and the municipality.
A third r.arber of tie Panel should be selected by the first two and in
the event that cannot be done a district Judge from the district in which
the dispute is located should appoint the third member. Mr. Shultz moved
that the Village Council advise its Senate and House Representatives that
it supports t11e Fiic#iway Consent Legislation currently under consideration
except for the make up of the Adjustment Panel. Nx. Redpath seconded.
All voted aye. motion carried.
litan Council Garment on Vi 's � rehensive Guide Plan.
emetrcpolitan Couha Re err ttee s statt convent on the i age's
Ccnprehensive Guide Plan, dated April 15, 1969 was reviewed by the Village
Council. Mr. Hite noted that the Referral Camii.ttee had directed its staff
to rewrite the report, taking into account score of the corrections and other
material su1mutted by Mr. Don Brauer and himself at the Referral Co m ittee
meeting.
F. 14e litan Council Co orient on Eden Prairie-Chanhassen z2aiM Conflict.
The Village Council aso reviewed the Metropolitan Council Referral
Committee's comnent on the Eden Prairie - Chanhassen zoning dispute over
the prope--ty located on the south side of State Highway 5 along the
Eden Prairie - Chanhassen boundary. kir. Hite summarized the report by
saying that it found the Chanhassen zoning to be unfortunate but probably
unchangeable, and that therefore; the Village should adjust to it as best
it can. The Referral Committee did revotttc nd that Chanhassen treat the
adjacent Eden Prairie property as if it unre residential for the purposes
of establishing set backs, etc. and the restrictions on fine industrial
property in Chanhassen ewould be similar to those used in Eden Prairie
noting specifically thatoutside storage should not be pexmitted. In
addition, the Referral C imittee recxr<rvxxied that Cri nhassen require the
developer of the area to set aside tree right-of-way necessary for the
roadway proposed along the east side of the site.
G. Found Lake Park. First Phase llevel t Pro sal.
Tie proposed first opment of the Romxl Lake Park. Site was
presented by Mr. Rite. He reviewed the FDund Lake overall Development Plan
noting fiat the first phase consisted only of a portion of the swimning
beach, a hockey and ice skating area, a ball field and related parking and
access facilities. The estai.mated construction costs for the first phase
would be $36,000. The Council noted the existence of a resolution fran
the Park Calmission reconymm ing the first phase project be approved. Mr.
Redpati raved that the Village :Tanager be authorized to prepare construction
drawing and secure bids on the first phase of the Fmund Take plan. Mr.
Shultz seconded. All voted aye. Motion carried.
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April 22, 1965
Council Minutes
Page five
11. Park Land Purds:ase. H Anderson Lake.
TIE late reCUMTenLIeCI that tne Villageapprovinately 5 1/2 acres
of land owned by i-Jr. Phil Heppes on the west side of CoLmty Pced #18 just
north of the Anderson Lake. Reoomawxdad purciaase price was $15,000. Mr.
Redpath nuved that the Village Manager be authorized to purchase the Heppes
property to consist of not less than 5 acres of land at a price of
$15,000. TM,r. Shultz seconded. on roll call, all voted aye. Motion
carried.
Ration For Firemen Vbile Attending Schools anad Conferences.
Mr. HIte reported That he wi to encourage the Volunteer Firemen to
attend schools and conferences relating to their job skills and
responsibilities but that scmeti.mes it was difficult for the men to attend
in that they were not campensated by their regular erplcryer while they are
away at the schools. fie recommended that the Village establish a policy
of compensating volunteer firemen for logs of income and expenses for attendance
at schools regardless of length. Bloomington pays $20.00 a day plus
expenses; Minneton,a, $15,00 a day plus expenses; Golden Valley, $25.00
plus expenses: and, Chanhassen, expEa� cnl y.
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Mr. Shultz moved that the re co anendation of the Village bUnager be
approved. Mr. Haugen seconded. All voted aye. Motions carried. '
V. OMINANf.ES AMID FTESC7LUT'IC NS
A. No. . Fstabli Violation Bureau. Seoond Ple
r NO. 1.53 tollaRIngreadwtg, DW. Shultz moved
the approval of the second reading of Ordinance No. 133. Mr. Rsdpath
seconded. All voted aye. Motion carried..
The meeting adjourned at 9:30 P.M.
Eana. M. HbLmgren,, Xlexk
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The following motions were passed at the April 14
Park and. Recreation Commission meeting
Round Lake M/Redpath, S/Holt that the Park and Recreation Commission
Phase I
recamnend to the Council that Phase I of the Round Lake a
development be approved. Motion carried unanimously.
a
Heppes Land M/Redpath, S/Gareas that the Park andRecreation Commission
Purchase
recamaand that the Council authorize the purchase of the Heppes
land (Parcel 5 of the Park Plan) for $14,000 with 196
Lawcon funds. Motion carried unanimously.
Frances Macklock. Secretary
Eden Prairie Park and Recreation Commission